This bill establishes limitations that apply when an issuer of individual health insurance negotiates rates with a provider of health care for covered health care services and then terminates or otherwise nonrenews the provider’s contract.

Enacts the Behavioral Health Services Act which restructures the Department of Mental Health, the Continuum of Care and the Department of Alcohol and Other Drug Abuse Services as separate divisions under the Department of Behavioral Health Services (DBHS), a newly created cabinet level agency. DBHS is charged with developing and implementing a plan for the coordinated care and unified delivery of behavioral health services.

H.3305 is a joint resolution to amend the SC Constitution to protect workers right to vote by secret ballot. It is intended to combat the federal Employee Free Choice Act (EFCA), or “card check” legislation which would strip an employee’s right to vote by secret ballot, allowing unions to easily organize across the nation. Senate Majority Leader Harvey Peeler (Cherokee) is lead sponsor of the legislation on the Senate side.

Restructures oversight of DDSN and provides that the department must be headed and governed by a director appointed by the Governor and that the Commission on Disabilities and Special Needs shall become an advisory board to the department. Also establishes DDSN under legislative oversight of executive departments.

In determining the meaning of any act or joint resolution of the General Assembly or in a regulation promulgated pursuant to Article 1, Chapter 23, Title 1, this legislation provides that the words "person," "human being," "child," and "individual," must include every infant member of the species homo sapiens who is born alive at any stage of development. The legislation also includes a definition for the term "born alive".

This bill establishes new requirements for the CONTINUATION OF CARE FOR A SERIOUS MEDICAL CONDITION WHEN A PROVIDER BECOMES OUT-OF-NETWORK FOR A HEALTH INSURANCE PLAN during the course of treatment. The legislation provides new requirements for health insurers covering such situations that allow the insured to receive continuity of care for ninety days or until the termination of the benefit period, whichever is greater.

S.26, the companion bill sponsored by Senator Jackson, was enacted. 

The legislation establishes the stroke systems of care study committee within the Department of Health and Environmental Control. This committee shall develop a plan for a statewide stroke system of care using the resources of both the public and private sectors incorporating flexibility to best fit the needs of each region or locality. The committee shall be composed of 15 representatives from the Department of Health and Environmental Control as well as from various medical fields and associations. The DHEC director shall appoint members and shall provide for staffing. The committee shall convene no later than sixty days after the effective date and at a time when at least a majority of the members have been appointed. The committee shall submit its report to the General Assembly and the Governor no later than December 31, 2010, at which time the study committee is abolished.

This bill provides that an insurer that makes a reimbursement under a health insurance policy for a service covered by the policy must make the reimbursement at the same rate applied to a licensed health care provider in this state. The legislation provides that a group health insurance policy may not limit or condition a diagnosis, service, or treatment rendered by a health care provider or reimbursement to the provider for the diagnosis, service, or treatment rendered unless the policy also applies that limitation or condition to a licensed health care provider in this state. The legislation provides that a discrepancy must be corrected in favor of the lower to higher reimbursement rate or a reduction of the limits or restrictions on the affected health care provider. The legislation provides that a deductible may only be dictated by the plan obtained by the insured and may not vary based on the health care provider rendering the service.

The companion bill, S.301 (Malloy), was enrolled for ratification. 

As passed by the House April 2, the bill increases the cigarette tax by 2.5¢ per cigarette, or 50¢ per pack, with funding allocated for the following:

• $5M annually to DHEC for Smoking Prevention and Cessation Trust Fund;
• ½ cent per pack annually to the Department of Agriculture to market locally grown crops in retail stores and for relief from natural disasters affecting state-grown crops;
• 80% of remaining tax goes to SC Healthy Families Insurance Trust Fund to provide premium credits to help small business and individuals purchase insurance coverage;
• 20% of remaining tax goes to the Palmetto Health Care Safety Net Trust Fund to provide premium assistance for individuals who cannot access insurance coverage (high risk individuals); and
• requires HHS to submit to CMS any state plan amendment or waiver application requests needed to draw down federal Medicaid funding no later than ninety days after the effective date.

The Senate Finance Committee adopted their version of the bill in May. The bill, currently pending on the Senate calendar, provides for the following: 

• creates the SC Healthcare Trust Fund whereby revenues generated, approximately $139 million, are deposited for one year;
• no specifications were provided except for $5 million for tobacco related cancer research at MUSC Hollings Cancer Institute;
• recognizes the intent of Congress to expand healthcare access and calls for the amount of the tax to be on a provisional basis in anticipation that any universal coverage plan would require states to pay part of the cost;
• establishes parameters to prevent vendors from stockpiling cigarettes; and
• takes effect upon signature of the Governor but is repealed June 10, 2010 at which point lawmakers will reconsider what to do with the money.

S.306 REVISIONS OF WORKERS’ COMPENSATION RELATING TO IMMIGRANTS Sen. McConnell This legislation expands the definition of employee in provisions relating to workers’ compensation, so as to include legal immigrants and illegal immigrants, provided the employer was not aware of the immigrant's illegal status prior to the employee's injury. The bill excludes from workers' compensation illegal immigrants whose illegal status was known to the employer at the time of the immigrants' hire and illegal immigrants whom the employer discovers the illegal status during employment but before injury.

S.416 "HEALTH CARE ACCESSIBILITY FOR YOUNG AMERICANS ACT" Sen. Lourie
This bill enacts the "Health Care Accessibility for Young Americans Act," to establish conditions under which health insurance coverage under a parent’s policy must be provided for an unmarried child under the age of twenty-five years who is primarily dependent for financial support from his parent and an unmarried child under the age of thirty who meets active duty military service requirements.

S.455 "SOUTH CAROLINA HEALTHNET PROGRAM" Sen. Thomas
This bill enacts the "South Carolina HealthNet Program" to promote the availability of health insurance coverage to employees of small employer groups and health group cooperatives regardless of health status or claims experience.

Deletes the provision requiring the Commission to consult with the advisory committee regarding promulgation of regulations. Removes the authority of the director to appoint and remove employees of the department and deletes the provision transferring the responsibility for autistic services from DMH to DDSN. Requires DDSN to establish charges for services in regulation and requires certain community-based housing and day programs operated by or contracted with DDSN to be licensed. The legislation also makes revisions pertaining to criminal records checks of direct care staff.

S.690 STATE TAX CREDIT FOR HIRING AN INDIVIDUAL RECEIVING UNEMPLOYMENT COMPENSATION BENEFITS Sen. Peeler
This bill authorizes a state tax credit for employers hiring an unemployed individual receiving unemployment compensation benefits. The legislation establishes the amount of the credit, those taxes against which the credit is allowed, and the eligibility requirements for creditable employees. The legislation provides that the credit is allowed for eligible individuals hired after June 30, 2009, and before July 1, 2010, and extends for twenty-four months for each creditable employee.